Terms and conditions for selling instruments via this website

Introduction

I am not able to buy the instrument directly from you as I have no space to keep it. So basically, I help you sell your instrument via my website, social media, etc. There is no time limit to selling the instrument. I cannot guarantee a fast sale.

To sell an instrument via my site I will need you, the current owner, to read the advice, guidelines, the process of advertising on my site and to sign and agree to the more detailed terms and conditions and Disclaimer below:

Advice

Top quality photos from all sides and directions, including close-ups of the interesting parts, such as the pegs, bridges, frets, carving, labels, and other ornamentation. Also, if there is any damage or embellishment to the instrument, I will need detailed photos of these as well. Take care that the photos have a simple background, good lighting, and are well-focused.

A clear and honest statement about the condition and sound of the instrument. I hold high ethic's on this matter and insist on an honest and transparent approach to my clients. Furthermore, if I receive false information and/or non-transparency. I am also at liberty to remove or change any information without notice that I find unacceptable for my clients. (more details in the Terms and Conditions below)

I request the following information; if available, the history, builder's name and year the instrument was made, and any other information about the instrument. A good and interesting description will sell the instrument more quickly. To help sell the instrument, please add an explanation of its sound quality, style, etc. Also, please inform me if the instrument includes a traveling case and/or other accessories.

Please send the photos and information in a folder, one for each instrument. This can be done for example. via WeTransfer.

Please send me your full address and contact details for my administration.

My Commission. With all the information, we can discuss the best price. It is advisable to add my commission to the selling price. After a successful sale, I will send you an invoice for my commission fee. My fee is 15% of the selling price, excluding 21% VAT (NL/EU only). If I need to do any maintenance or make repairs to the instrument, the costs are separate and not included in the commission fee.

If I find a potential buyer, I will send you their contact details. You can then contact them and arrange a viewing, It is up to you to come to an agreement with the buyer. You can contact me if you have questions or need help. I will keep in contact with both of you, the owner and the buyer. I expect to be updated about any developments in the selling process.

Beware! Do not let anyone take away the instrument before being fully paid. I am in no way responsible for non-payment as this is an arrangement and agreement between you the owner, and the buyer. (more details in the Terms and Conditions below)

If you need to do the shipping, Normally, I will always recommend pick-up at your location. But, If you need to send the instrument to another city or country, be aware that my commission fee does not include this service. However, if you need help in arranging this, I can help/advise for my usual fee of 40 EUR. excluding VAT. per hour. All sending, packing, insurance and transport costs will be extra expenses for the buyer. Beware! Do not send the instruments before being fully paid. I am in no way responsible for non-payment as this is an arrangement and agreement between you the owner and the buyer.

Terms and conditions & Disclaimer

Intermediation in the Sale of Musical Instruments

1. Purpose and Acceptance of Terms

I provide independent intermediary services for the sale of musical instruments on behalf of their owners.

Before an instrument is advertised or promoted, the owner must agree to these Terms and Conditions. By accepting them, the owner acknowledges the nature of my services, their own responsibilities and the commission arrangements agreed between us.

I reserve the right to decline an instrument or terminate my intermediary services if the owner does not comply with these terms.

2. My Role as Intermediary

My role is to introduce potential buyers to owners wishing to sell musical instruments and to assist both parties by providing information and advice where possible.

The owner and buyer are responsible for arranging viewings, inspections and tests, negotiating the selling price, and agreeing on the terms of the sale.

The sales agreement is concluded directly between the owner and the buyer. Unless expressly agreed otherwise in writing, I am not the owner or seller of the instrument and am not a party to the sales agreement.

3. Owner's Responsibility for Information

The owner is responsible for providing complete, accurate and honest information about the instrument before it is advertised.

This includes, where applicable:

Legal ownership and the right to sell the instrument.
Authenticity, maker, model and date of manufacture.
Provenance, history and any available supporting documentation.
General condition, repairs, restoration, modifications and replacement parts.
Known defects, damage, alterations or other material information that could affect a buyer's decision.
Any restrictions or circumstances that could affect the lawful sale of the instrument.

The owner must disclose all material information known to them and must not knowingly provide misleading information or withhold relevant facts.

I rely on the information provided by the owner when preparing and publishing advertisements, unless I have independent information to the contrary.

4. Inspection, Advice and Verification

I make reasonable efforts to assist both owners and potential buyers by sharing relevant information and providing advice based on the information available to me.

Due to geographical distances, including instruments located in other European countries, I may not always be able to inspect or test an instrument personally.

Unless expressly agreed otherwise in writing, I do not provide an independent certification or guarantee of the instrument's authenticity, provenance, history or physical condition.

Any observations or advice I provide should be understood in the context of the information and access available to me. I will not knowingly misrepresent an instrument or deliberately disregard material information that comes to my attention.

Potential buyers are encouraged to conduct their own assessment and arrange an independent inspection or test where appropriate before completing a purchase.

5. Right to Refuse or Remove Advertisements

I reserve the right to refuse to advertise an instrument, suspend its promotion or remove its advertisement from any platform on which I have published it if I have reasonable grounds to believe that:

The owner has provided false, misleading or materially incomplete information.
The owner has withheld material facts concerning the instrument.
There are reasonable grounds to question the owner's right to sell the instrument.
The owner has acted dishonestly or failed to comply with these Terms and Conditions.
Continuing to advertise the instrument could mislead potential buyers, compromise my professional integrity or expose me to unreasonable legal or reputational risk.

Where reasonably necessary, I may take these actions without obtaining further permission from the owner.

I will exercise this right in good faith and on reasonable grounds. Removal of an advertisement does not automatically cancel any commission or other payment obligation already arising under our separate agreement.

I may also discontinue my services if the owner refuses to correct inaccurate information or cooperate in resolving a material concern.

6. Direct Sale Between Owner and Buyer

The owner and buyer independently arrange the viewing, inspection, negotiations, payment and delivery of the instrument.

The buyer pays the purchase price directly to the owner. I do not receive or hold the purchase price on behalf of either party.

The owner and buyer are responsible for agreeing on the final selling price and all other terms of their transaction, including payment arrangements, collection or shipping, delivery, and any warranties or return arrangements.

Unless expressly agreed otherwise in writing, I do not take possession of the instrument and do not act as the payment intermediary.

7. Commission and Payment

My commission is payable by the owner in return for my intermediary services.

The commission is calculated on the final selling price agreed directly between the owner and the buyer.

The commission percentage or amount, the circumstances in which it becomes payable, and the payment deadline must be agreed with the owner in writing before the instrument is advertised.

Following the sale, I will invoice the owner separately for the agreed commission. The owner is responsible for paying that invoice in accordance with the agreed payment terms.

The owner agrees to inform me promptly when a sale has been concluded and to confirm the final selling price so that the commission can be calculated correctly.

Any arrangements concerning VAT, late payment or other charges will be governed by the applicable law and the terms agreed between us.

8. Liability and Responsibility

The owner is responsible for providing complete and accurate information about the instrument, including its ownership, authenticity, provenance, history, condition, repairs, modifications and known defects.

I act as an independent intermediary and rely on the information available to me. I am not responsible for inaccuracies, omissions or undisclosed defects attributable to information supplied or withheld by the owner, except where I have contributed to the problem through my own conduct or where applicable law provides otherwise.

I am not responsible for defects or discrepancies that I have not caused and could not reasonably have been expected to identify in the course of performing my agreed services.

I remain responsible for my own acts and omissions and for fulfilling my contractual obligations to the extent required by applicable law.

Nothing in these Terms and Conditions excludes or limits liability for fraud, deliberate misconduct or any other liability that cannot legally be excluded or limited.

9. Owner's Cooperation and Changes

The owner must inform me promptly of any significant change to the information supplied about the instrument, its availability, its condition or their intention to sell it.

The owner must also inform me if the instrument is sold, withdrawn from sale or otherwise becomes unavailable.

I reserve the right to amend or withdraw an advertisement when necessary to ensure that the information presented to potential buyers remains accurate and appropriate.

10. Termination of Intermediary Services

Either party may request the termination of the intermediary arrangement, subject to any specific written agreement between us and any rights or obligations that have already arisen.

I may terminate my services immediately where there are reasonable grounds to suspect dishonesty, material misrepresentation, unlawful activity or a serious breach of these Terms and Conditions.

Termination does not remove any commission or payment obligation that has already become payable under the agreed commission terms, subject to applicable law.

11. Applicable Law

These Terms and Conditions are intended to be governed by Dutch law, insofar as Dutch law is applicable and subject to any mandatory legal provisions that may apply, including provisions relating to cross-border transactions.

Nothing in these terms is intended to deprive any party of a legal right that cannot lawfully be waived or excluded.

12. Acknowledgement and Agreement

By accepting these Terms and Conditions before an instrument is advertised, the owner confirms that:

They have read and understood these terms.
They agree to provide honest, complete and accurate information about the instrument.
They understand that I act as an intermediary and that the sales agreement is concluded directly between the owner and the buyer.
They agree to the commission arrangements established separately in writing.
They understand that I may refuse or remove an advertisement without further permission where the circumstances described in Section 5 apply.

If you agree to these Terms and Conditions, please send me an email at info@tosslevy.nl and I will send you this document to be signed and retuned to me.

Owner's name: ______________________________

Instrument: _________________________________

Agreed commission: __________________________

Date of acceptance: _________________________

Owner's signature or written confirmation: _________________________

Intermediary: _______________________________

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